Legal Opinion

State v. Henderson

Ohio Supreme Court

Decided May 9, 1990No. 89-450PublishedCited by 73 opinions

1Opinion of the CourtH. Brown, J.

The court below reversed appellee’s conviction and entered a judgment of acquittal on the ground that Deputy White’s arrest of appellee was illegal. For the reasons which follow, we find that the arrest was legal and reverse the judgment of the appellate court.

I

As a preliminary matter, we note *56that an illegal arrest does not invalidate a subsequent conviction which is otherwise proper. Gerstein v. Pugh (1975), 420 U.S. 103, 119; Frisbie v. Collins (1952), 342 U.S. 519; Ker v. Illinois (1886), 119 U.S. 436; Sopko v. Maxwell (1965), 3 Ohio St. 2d 123, 32 O.O. 2d 99, 209 N.E. 2d 201; Caldwell v.…

2Cases cited12 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Gerstein v. PughSupreme Court of the United States · 1975
  4. United States v. VentrescaSupreme Court of the United States · 1965
  5. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971

7 more not listed; retrieve them via the Exa API.

3Cited by73 opinions

  1. State v. CookOhio Supreme Court · 1992
  2. State v. TibbettsOhio Supreme Court · 2001
  3. United States v. Lewis J. SmithCourt of Appeals for the Sixth Circuit · 1996
  4. State v. SteeleOhio Supreme Court · 2013
  5. Graves v. Mahoning CountyCourt of Appeals for the Sixth Circuit · 2016

68 more not listed; retrieve them via the Exa API.

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